Hong Kong civil servant loses legal challenge against decision to deny him Taiwan residency due to ‘security risks’
Hong Kong Free Press
A Hong Kong civil servant who was denied residency in Taiwan due to “security risks,” has lost a legal challenge against that decision in a Taipei court, with a judge saying that his role with the Hong Kong government meant there was a higher chance he was a spy for Beijing.
According to a judgement by the Taipei High Administrative Court, the civil servant, who has a Taiwanese partner, applied for residency in Taiwan in November 2022. The island’s National Immigration Agency rejected the application, however, because of perceived risks that the applicant could “harm national interests, public safety and public order, and engage in terrorism.”
During court proceedings, the applicant argued that he was responsible for overseeing engineering works of public housing construction projects and that his role was completely unrelated to “political organisations.”
But the National Immigration Agency said the applicant had signed an oath of allegiance to the Hong Kong government, referring to a rule introduced after the enactment of the Beijing-imposed national security law that all civil servants must make the declaration. The agency said it had asked the applicant to quit his job in the city’s civil service, but that he had not done so.
Granting him residency in Taiwan would be akin to having somebody carry out the Hong Kong government’s tasks abroad, the agency said, adding there was concern the self-ruled island’s national sovereignty and safety could be harmed.
‘Infiltration’
According to the judgement, the applicant had hoped to attain residency so he could spend his weekends in Taiwan and return to Hong Kong during the weekdays so that he could continue working.
The Taiwan court ruled in favour of the immigration department, saying that there were grounds for believing that the applicant could endanger Taiwan’s interests and public order.
As a Hong Kong civil servant, the applicant would have to support the Chinese Communist Party’s (CCP) acts, the judge wrote. China’s military has repeatedly made incursions into the Taiwan Strait and fired missiles, posing a threat to the island, the judge said.
The judge added that, compared to a non-Hong Kong civil servant, there was a higher possibility of the applicant engaging in “infiltration or intelligence work” for the CCP. There was no need for the immigration agency to offer him residency, and then spend a large amount of resources to monitor his electronic devices to ensure there were no national security concerns.
The civil servant could still come to Taiwan via entry-exit permits as a Hong Kong resident, and apply for residency after fulfilling the relevant requirements, including settling in Taiwan for a period of at least a year, the judgement read.
Beijing considers Taiwan a renegade province to be unified with the mainland, by force if necessary. However, a majority of Taiwanese reject calls for unification, preferring to maintain the island’s status quo.
Support HKFP | Policies & Ethics | Error/typo? | Contact Us | Newsletter | Transparency & Annual Report | Apps
Help safeguard press freedom & keep HKFP free for all readers by supporting our team
HKFP has an impartial stance, transparent funding, and balanced coverage guided by an Ethics Code and Corrections Policy.
Support press freedom & help us surpass 1,000 monthly Patrons: 100% independent, governed by an ethics code & not-for-profit.